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Matthew Blake Wallin

Matthew Wallin’s Answers

26 total

  • 484 P.C. Petty theft - M

    F484 P.C. Petty theft what kind of lawyer I need to hire criminal or ?

    Matthew’s Answer

    When charged with a criminal offense, such as petty theft, it is best to speak with a qualified criminal defense attorney. Preferably, consult with an attorney who is familiar with the courthouse in which your case will be heard. Your first court date is known as the arraignment. You will want to speak to an attorney prior to your first appearance in court.

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  • This is my first Drunk in Public charge and I'm wondering what consequences I'm looking at. Will I do jailtime?

    I had a DUI in another state 6 years ago.

    Matthew’s Answer

    A review of the facts and circumstances surrounding your case and an analysis of your prior criminal history is required. Your consequences and the potential for jail time will depend on several things - including whether or not the prosecutor can meet its burden of proof on each element of the crime alleged. To obtain a conviction for "drunk in public" in California, the prosecutor must prove: (a) The person's public intoxication makes him or her unable to exercise care for his or her own safety or the safety of others; or (b) By reason of the public intoxication, the person "interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." Proof that you were merely being "under the influence" in public is not sufficient. Again, the surrounding facts and circumstances will determine if jail time is a possibility.

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  • Is it possible 4 a minor who succesfully completed a diversion program, can be offered diversion if arrested again years later?

    I was arrested for marijuana sales in CA 2 years ago when I was 15 and was offered the diversion program, which I succesfully completed. I am now 17 and last night I was arrested for theft(I was desperate and stupid and opened a couple unlocked ca...

    Matthew’s Answer

    There is no simple (yes or no) answer to your question. You should seek out competent legal counsel, preferably an attorney who is familiar with the court where your case will be heard. Whether or not diversion or a related alternative sentence is offered depends in great part on the surrounding facts and circumstances of your case.

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  • Ending probation early in California?

    I plead no contest to a petty theft violation in dec 2008. I was given 2 years probation and a fine that i have already paid. I would like to find a new job & i feel that having this on my record will hurt me finding one. I would like to know how ...

    Matthew’s Answer

    California law (Penal Code 1203.3 b) allows the court to modify or terminate your probation. Once probation has been terminated, you are relieved of the duties imposed by probation and you can immediately file for expungement and get on with your life and employment

    The court has wide discretion when deciding whether to modify probation. The court considers things such as how long you have been on probation, any feedback from your probation officer, the need for modification, the nature of the offense and your criminal history.

    I would reach out to a qualified law firm or inquire with your local public defender's office

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  • Falsying a police report

    What is the California Code Section for falsying a police report?

    Matthew’s Answer

    PENAL CODE SECTION 148.5 - False Report of Criminal Offense

    148.5. (a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.

    (b) Every person who reports to any other peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.

    (c) Except as provided in subdivisions (a) and (b), every person who reports to any employee who is assigned to accept reports from citizens, either directly or by telephone, and who is employed by a state or local agency which is designated in Section 830.1, 830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the employee is engaged in the performance of his or her duties as an agency employee and (2) the person providing the false information knows or should have known that the person receiving the information is an agency employee engaged in the performance of the duties described in this subdivision.

    (d) Every person who makes a report to a grand jury that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor. This subdivision shall not be construed as prohibiting or precluding a charge of perjury or contempt for any report made under oath in an investigation or proceeding before a grand jury.

    (e) This section does not apply to reports made by persons who are required by statute to report known or suspected instances of child abuse, dependent adult abuse, or elder abuse.

    (Amended Sec. 5, Ch. 901, Stats. 2006. Effective January 1, 2007.)

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  • I got a DUI in my driveway with NO keys

    I got a DUI in my driveway not driving!!! and with no keys!!! also the cop didnot sign the ticket is that legal???

    Matthew’s Answer

    Believe it or not, the act of driving is never necessary.

    Even if NO DRIVING was witnessed by an arresting officer or private citizen — a licensee may be arrested and charged with a DUI. . Intent is irrelevant. A functional vehicle is not even necessary. The only requirement is that the occupant has some theoretical ability to operate the vehicle. This may include having a key in the ignition; the vehicle engine running; the vehicle in gear; sleeping in the vehicle; sitting in the backseat and only starting the vehicle for heat to survive; repairing the vehicle.

    A DUI is possible even where a car is entirely inoperable — a conviction has been upheld for DUI where a man was repairing a car engine with the car up on blocks and the tires off the car — he was drinking while working on the car and would start the engine to check the repair status. Neighbor called because of noise and defendant was arrested for DUI even though the car was inoperable, it could not move one inch and was not a danger to anyone.

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  • Can you go to traffic school for a speeding ticket in AZ? We live in CA.

    We were in AZ (Phoenix, Scottsdale) and radar got us twice in the same day!!! About 13 over each time. Is there a way to fight radar tickets? What do traffic lawyers charge for this? If not, can my boyfriend go to traffic school in CA for some...

    Matthew’s Answer

    In order to find out if you are eligible for traffic school, you will need to contact the court in the county where you received your ticket. They will let you know whether you are able to take a traffic school course in CA or if you will have to take one in AZ. You should be able to find their contact information on the ticket.

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  • Can I do traffic school (20 miles over speed limit).

    I got a speeding ticket in a 30 mph zone for going 50 mph. Can i do traffic school?

    Matthew’s Answer

    The Department of Motor Vehicles (DMV) generally allows a driver to attend traffic school once every eighteen months. The eighteen-month period is counted from the date you received the ticket to the date you receive the second ticket, not from the date you went to traffic school. Completing a DMV or Court-approved traffic school course will erase your moving violation from your driving record.
    - Matthew B. Wallin -

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  • CA dui laws

    I was arrested my 2nd dui last saturday. I fell asleep behind a wheel and my car hit the center divider and spun on freeway. Luckily, no one was hurt or injured and no property damage except for my car. CHP officers who arrested me that night to...

    Matthew’s Answer

    You have three options as to representation in court: (1) use the public defender, (2) represent yourself or (3) hire a private defense attorney.

    A. The Public Defender
    Simply put, “you get what you pay for.” Public defenders can rarely devote the sort of time, energy and resources necessary to effectively represent you. It is not that the public defender wouldn't like to, but in reality, they have so many cases, responsibilities and pressures that this sort of devotion to any particular case is not a luxury they can afford.

    B. Self-Representation
    An old saying goes: "He who represents himself has a fool for a client." I don't know if I'd go that far. But suffice it to say that it is almost never a good idea to respond to a criminal charge without a good, experienced lawyer.

    C. Private Lawyers
    As with anything, you get what you pay for. A good criminal defense attorney can do wonders. But you won't find an effective criminal defense attorney with the knowledge, experience and commitment to make a real difference in your case at the low end of the price spectrum. You just won't. There are no bargains. Most cheap attorneys will simply show up to court and plead you out, but do nothing to cultivate the sorts of defenses that can alter the outcome of the case.

    -Matthew B. Wallin, Esq
    Wallin and Klarich

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  • Iwas arrested 10 yrs ago i did 18 months of probation and my charges were adjudacated so what does that mean ??

    do i have to say that i was arrested or no

    Matthew’s Answer

    If you have ever been arrested the record of your arrest (arrest form, police, corrections, and court records, etc.) is a public record.

    If you have an arrest on your record that did not result in a conviction, you can have record of the arrest and any court case removed from your record. Arrests are not legally as serious as convictions, but they can be just as embarrassing and detrimental to job prospects. Once sealed, the entire record, fingerprints, booking photo, and arrest report are sealed and then destroyed. The arrest is treated as if it never occurred.

    For details contact Wallin and Klarich (888) 749-0034

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